Cortright and Cortright (Child support)

This matter concerned an application by the father, Mr Cortright, to vary the assessed percentage of care for the parties' child. The dispute arose from a change in the care arrangements, with the father asserting he had assumed 100% care of the child. The decision was made by Senior Member K Dordevic of the relevant tribunal.

The primary legal issues before the tribunal were whether the father had taken reasonable action to ensure the care arrangement complied with the *Child Support (Registration and Collection) Act 1988*, and whether special circumstances existed that would justify departing from the standard assessment of care percentages. The tribunal also considered the impact of the child's expressed wishes regarding their living arrangements.

The tribunal found that the father had taken reasonable action to ensure the care arrangement complied with the Act, noting that the child, a teenager, was unlikely to be compelled to return to the mother's care. Regarding special circumstances, the tribunal considered the child's stated fear for their safety in the mother's care, specifically due to the mother's association with a reportable offender who had unsupervised contact with children. However, the tribunal found no evidence that the child was at risk of harm. Consequently, the decision under review, which affirmed the existing care percentages for the interim period, was affirmed.